Free Complaint Against a Builder - Michigan

STATE OF MICHIGAN
JENNIFER M. GRANHOLM
GOVERNOR

DEPARTMENT OF LABOR & ECONOMIC GROWTH
LANSING

STANLEY "SKIP" PRUSS
DIRECTOR

December 17, 2008

This package contains the forms necessary to file a complaint against an individual or a company regulated by the Bureau of Commercial Services. After downloading from our web site or receiving these forms via e-mail, you should print a hard copy of the blank form(s) and enter the information by hand. While we have tried to develop this package to be compatible with most computer systems, there is a possibility that it may be incompatible with your printer or printer drivers, or another part of your operating system. If you are unable to get the forms to print you should call our office to receive them via first class mail.

BUREAU OF COMMERCIAL SERVICES P.O. BOX 30018 · LANSING, MICHIGAN 48909 www.michigan.gov

BCS/LCE-993 (06/08) Department of Labor & Economic Growth Bureau of Commercial Services - Enforcement Division P.O. Box 30018, Lansing, MI 48909 Telephone: (517) 241-9202

Complaint Number-For Office Use Only

STATEMENT OF COMPLAINT RESIDENTIAL BUILDERS/RESIDENTIAL MAINTENANCE & ALTERATION CONTRACTORS
INSTRUCTIONS TO THE COMPLAINANT: Please type or print legibly. Read this form carefully before you complete it. Be sure to sign and date the back of this form. (FILING PERIOD: This form may be filed for projects involving residential structures or a combination of residential and commercial structure. This complaint must be received by the Department no later than 18 months after completion, occupancy or purchase, whichever occurs later in the case of a residential maintenance and alteration contract. With regard to projects requiring an occupancy permit, the 18-month period ends with the latest of either the issuance of a temporary certificate of occupancy, a certificate of occupancy, or closing.)
If you decide to file a complaint with the Department, you must: A. Complete this Statement of Complaint form listing all of the specific items that form the basis of your complaint. Make three copies of the completed Statement of Complaint form and any attached narrative. Mail a copy to the contractor. Keep a copy for your files. B. Take the third copy along with the Request for Completion of Building Inspection Report form to your local building inspector. Ask the inspector to complete and forward the report to the Department immediately. It is your responsibility to make sure that the completed report is sent to the Department. C. Mail the original Statement of Complaint to the Department with any attached narrative at the address listed at the top left corner of this page. (All documents received from you become the property of the Department and will not be returned to you.)

YOUR COMPLAINT IS AGAINST
1. Name of Licensee (Individual or Business Entity) 10. Name

INFORMATION ABOUT YOU

2. Address (Number and Street)

11. Address (Number and Street)

3. City, State

Zip Code

12. City, State

Zip Code

4. Telephone Number ( )

5. Name of Person with Whom You Dealt

13. Telephone Number Day ( ) Cell ( )

6. License Number (if known)

7. Date of Completion

14. What is the nature of your transaction? New Construction 15. Date Temporary Occupancy Permit Issued

Remodel/Home Improvement 16. Date of Closing

8. Date of Purchase

9. Date Occupancy Permit Issued

17. Briefly state the nature of the services contracted for:

18. If you have a contract with the licensee, does your contract provide for any alternative dispute resolution procedures or arbitration?
Yes No Yes No

19. Have you contacted the individual or company in writing about your complaint? If yes, what evidence do you have? Please attach evidence to this form.

20. What do you want the individual or company named above to do to resolve the complaint?

21. Did you file a claim with any other agency or start civil or criminal action? If yes, where? What is the current status of that claim?

Yes

No

Case Number

BCS/LCE-993 (06/08) Page 2 of 3 22. DETAILS OF YOUR COMPLAINT. Briefly list all of the specific items that form the basis of your complaint. Do not attach lengthy court

pleadings, binders or other bulky material. See below for documents required by the Department to process your complaint. If additional documentation is needed, it will be requested by separate correspondence.

1.)

23. Enclose copies of the following documents to support your complaint. Failure to do so will cause unnecessary delays. Check below

which documents you have enclosed. All documents received from you become the property of the Department and will not be returned to you. Building Inspection Report: Enclosed To Be Mailed Later Permit Application All Building Contracts, Purchase Agreements, Change Orders and Amendments Canceled Checks, Closing Statement, Receipts, Sworn Statements --Please copy both sides of checks to show endorsement by payee.

I give my permission to the Department of Labor & Economic Growth to release all relevant information and records for use in the review of my complaint. Also, I certify that I have sent a copy of this Statement of Complaint to the residential builder or residential maintenance and alteration contractor against whom my complaint is filed.

YOUR SIGNATURE

DATE OF SIGNATURE

This form is authorized by PA 368 of 1978, PA 299 of 1980, PA 251 of 1968, PA 199 of 1962, PA 225 of 1966, PA 295 of 1972, PA 255 of 1986, PA 132 of 1982, PA 87 of 1855, and PA 12 of 1869, each as amended. It is designed to assist you in outlining a complaint completely and concisely, but there is no penalty for failing to submit it. DLEG is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities

BCS/LCE-993 (06/08) Page 3 of 3

JENNIFER M. GRANHOLM GOVERNOR

STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH LANSING

STANLEY "SKIP" PRUSS DIRECTOR

ADDITIONAL INFORMATION YOU NEED TO KNOW WHEN FILING A COMPLAINT

The Department has jurisdiction in only certain matters involving consumers and licensees. The Department may only be able to pursue some of the allegations you have made. The Department has regulatory authority to pursue disciplinary actions against its licensees. The Department recommends that you first contact the individual or business entity against which you have a complaint to see if the matter can be resolved. If unsuccessful, you may want to consult an attorney to determine your civil options, file an action in Small Claims Court or contact your local police, District Attorney or Prosecutor. These may be done in conjunction with or instead of filing a complaint with the Department. The Occupational Code 1980 PA 299, as amended, MCL 339.2411(5)(f) requires that you (the complainant) show that you have provided the contractor with reasonable times and dates that the residential structure was accessible for any needed repairs and proof acceptable to the Department that the repairs were not made within 60 days after the sending of the notice. Please attach proof.

DLEG is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities BUREAU OF COMMERCIAL SERVICES P.O. BOX 30018 · LANSING, MICHIGAN 48909 www.michigan.gov

BCS/LCE-920 (06/08) Department of Labor & Economic Growth Bureau of Commercial Services - Enforcement Division P.O. Box 30018, Lansing, MI 48909 Telephone: (517) 241-9202 Fax: (517) 241-9280

Complaint Number-For Office Use Only

REQUEST FOR COMPLETION OF BUILDING INSPECTION REPORT
INITIAL REQUEST ADDITIONAL INFORMATION REQUEST

Instructions to Complainant: Take this form along with a copy of your completed Statement of Complaint to your local Building Code Enforcement Official (Building Inspector). Ask your Building Code Enforcement Official to complete this form and return it to the Department of Labor & Economic Growth immediately. The Building Inspection Report and affidavit is used to VERIFY OR CONFIRM whether the problems described in your Statement of Complaint are code violations or constitute a departure from, or a failure to conform to, minimal standards of acceptable practice for the occupation of residential builder or residential maintenance and alteration contractor. Instructions to Building Code Enforcement Official/Inspector: To substantiate allegations of building code violations against a residential builder or residential maintenance and alteration contractor, the building project must be inspected by a registered building inspector. In addition, we are asking for your assistance in conducting an inspection of this building project and completing the Building Inspection Report form for purposes of determining whether the contractor departed from, or failed to conform to, minimal standards of acceptable practice for the occupation of residential builder or residential maintenance and alteration contractor. See MCL 339.104(8) and MCL 339.604(g). Please be sure to conduct an inspection of each item identified in the complaint and identify your findings in the report. You may add additional items you believe are justified. Complete each section of the report and return it to this office. If you identify items that are code violations or a departure from, or a failure to conform to, minimal standards of acceptable practice for the occupation of residential builder or residential maintenance and alteration contractor, and contractor fails to correct the defects you have identified as being justified, the Department may pursue disciplinary action by filing a formal complaint against the licensee. If a formal complaint is filed against the licensee, you may be called to testify in an administrative hearing. Your Building Inspection Report should only contain statements to which you are prepared to testify under oath at an administrative hearing. If you cannot testify to an item as a violation, you should not check it on the form as a violation. Check the "no violation" box, instead. As the Building Code Enforcement Official/Inspector, your testimony is needed to prove violations of the Occupational Code, 1980 PA 299, as amended, as they may pertain to either building code violations or a departure from, or a failure to conform to, minimal standards of acceptable practice for the occupation of residential builder or residential maintenance and alteration contractor. When completing the Building Inspection Report, it is important that you identify the following items: 1. The code in effect at the time of construction (e.g. MRC) and the year of that code (e.g. MRC 2003). 2. The specific section of the construction code which was violated (e.g. MRC 2003, R 404.1). 3. The local ordinance number for any ordinance violation that is cited and the date adopted (e.g. ordinance 143, 12/1/90). 4. The date of the inspection, inspector's name, inspector's e-mail address, inspector's telephone and fax number, the city, township or village, the office address and the building inspector's signature. 5. The NOTARY before whom the affidavit was sworn. Failure to complete this form may result in insufficient information necessary to pursue a complaint.
DLEG is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities Authority: P.A. 299 of 1980, as amended.

BCS/LCE-920 (06/08) Page 2 of 3

BUILDING INSPECTION REPORT
THIS FORM TO BE COMPLETED BY THE BUILDING INSPECTOR ONLY.
Contractor Responsible for Work Performed Business Address of Contractor City, State & Zip Code

Owner of Property Construction Site - Street Address City, State & Zip Code

Occupancy Date, New Construction

Completion Date, Home Improvement License Number

Is Building Permit Required?

Permit Number (if required)

Permit Issued to

Date Permit Issued

INSPECTOR: Identify each item the complainant has listed on the Statement of Complaint. You may include other items you believe are justified. Inspect the building project and indicate by checking the appropriate box below whether the items are justified because they are code violations or they represent a departure from, or a failure to conform to, minimal standards of acceptable practice for the occupation of residential builder or residential maintenance and alteration contractor. If they are neither, check the box marked "No Violation." You may be asked to testify to your statements at an administrative hearing if the Department pursues a formal complaint against the residential builder or residential maintenance and alteration contractor. Attach additional sheets if necessary to explain non-code violations. Being first duly sworn or otherwise having acknowledged the obligation to provide truthful information, the undersigned verifies and confirms that the statements made below are true to the best of my knowledge, information, and belief and, if called as a witness, would so testify:
Enter items identified in the Statement of Complaint and any other items you believe are justified. Indicate the nature of the complaint, location and whether it is a departure from, or a failure to conform to, minimal standards of acceptable practice for the occupation of residential builder or residential maintenance and alteration contractor or code violation, or no violation. Departure from, or a failure to conform to, minimal ( ) standards of acceptable practice for the occupation. MCL 339.104 (8); MCL 339.604 (g) Section Number of Code Violation (e.g.. R 404.1) Code Used and Year (e.g. MRC 2003, etc.) No Violation

( )

BCS/LCE-920 (06/08) Page 3 of 3

Enter items identified in the Statement of Complaint and any other items you believe are justified. Indicate the nature of the complaint, location and whether it is a departure from, or a failure to conform to, minimal standards of acceptable practice for the occupation of residential builder or residential maintenance and alteration contractor or code violation, or no violation.

Departure from, or a failure to conform to, minimal ( ) standards of acceptable practice for the occupation. MCL 339.104 (8); MCL 339.604 (g)

Section Number of Code Violation (e.g.. R 404.1)

Code Used and Year (e.g. MRC 2003, etc.)

No Violation

( )

Ordinance Name of Inspector (Printed) Inspector for City, Village, Township of Street Address

Section

Date Adopted Telephone Number County of City, State & Zip Code

Date Effective Fax Number

E-mail Address

Date of Inspection

Signature of Inspector

Signature Date

SUBSCRIBED TO AND SWORN BEFORE ME ON THE BY THE ABOVE SIGNED BUILDING INSPECTOR/OFFICIAL.

DAY OF

, 20

,

NOTARY PUBLIC

COUNTY OF ACTING IN THE COUNTY OF MY COMMISSION EXPIRES:
DLEG is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities